HomeMy WebLinkAbout2003-25363 Reso RESOLUTION NO. 2003-25363
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING
AN AMENDMENT TO THAT CERTAIN AMENDED AND
RESTATED/CONSOLIDATED LEASE AGREEMENT BY
AND BETWEEN THE CITY OF MIAMI BEACH AND THE
MIAMI BEACH JEWISH COMMUNITY CENTER, INC. (JCC),
FOR A PARCEL OF LAND AND FACILITIES LOCATED AT
4221 - 4229 PINE TREE DRIVE, MIAMI BEACH, FLORIDA,
AMENDING PARAGRAPH 15.5 OF SAID AGREEMENT, BY
EXTENDING THE TIME PERIOD BY ONE (1) YEAR, FROM
NOVEMBER 8, 2003 TO NOVEMBER 8, 2004, FOR THE JCC
TO MAKE APPLICATION TO THE CITY'S DESIGN REVIEW
BOARD, AND SUBMIT PLANS FOR THE DESIGN OF THE
PROPOSED IMPROVEMENTS TO THE PROPERTY; AND
FURTHER CLARIFYING THE COMMENCEMENT DATE OF
SAID AMENDED AND CONSOLIDATED LEASE
AGREEMENT AS NOVEMBER 8, 2000.
WHEREAS, on June 3, 1981 the City first leased to the Jewish Community Centers
of South Florida, Inc.(JCCSF), City property at 4221 Pine Tree Drive, also known as lots 5,
6 and 7 of Flamingo Bay Subdivision, as recorded in Plat Book 6 at Page 101 of the public
records of Miami-Dade County, Florida. (Resolution 81-16678); and
WHEREAS, JCCFS's lease was amended and extended on three occasions, such
that the lease term was extended through to October 31,2015, with two additional ten-year
options, and is now assigned to Miami Beach Jewish Community Center, Inc. (JCC), a not-
for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226); and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution
No. 2000-23994 approving an Amended and P,estated/Consolidated Lease Agreement
which provided for 1) extending the term, 2) defining permitted uses, 2) payment of fair
market value for certain spaces within the leased premises, 3) construction parameters,
including City Design Review Board (DP, B) review and approval, construction
commencement and completion deadlines, 4) minimum initial investment, 5) clarifying the
buildable site, 6) a referendum and reverter, if referendum failed, 7) for the JCC, via
separate agreement, to hold harmless, indemnify and defend the City from challenges to
the Lease and referendum, and 8) reimbursement to the City for referendum related costs,
after which the referendum passed and the Agreement became effective; and
WHEREAS, said Amended and Restated/Consolidated Lease Agreement requires
that the JCC present Preliminary Plans and Specifications to the City, and make
application to the DP, B, no later than November 8, 2003; and
WHEREAS, while the JCC timely submitted the Preliminary Plans and
Specifications as required, they were not accepted by the Administration, which cited
inconsistencies with the originally approved Concept Plan, the City Commission has not yet
reviewed and approved such plans, and the JCC has requested that the City allow it
additional time to work with the City on approving the Preliminary Plans and Specifications,
and consider extending the deadline, by one year, of its requirement to make application to
the DRB; and
WHEREAS, the City and JCC have agreed to certain modifications to Paragraphs
15.4 and 15.5 to accomplish the above, as well as addressing the "Commencement Date"
and "Maturity Date" in Paragraph 2.1, and the rent payment schedule in Paragraph 3.1, of
the Amended and Restated/Consolidated Lease Agreement, to clarify and memorialize
them in accordance with the City Attorney's opinions establishing such dates; and
WHEREAS, the City Administration recommends that the Mayor and City
Commission approve the foregoing amendments to the Amended and
Restated/Consolidated Lease Agreement.
PASSED and ADOPTED this 15th day
ATTEST:
CITY CLERK
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission authorize the Mayor and City Clerk to execute the attached amendment to
that certain Amended and Restated/Consolidated Lease Agreement by and between the
City of Miami Beach and the Miami Beach Jewish Community Center, Inc. (JCC), for a
parcel of land and facilities located at 4221 -4229 Pine Tree Drive, Miami Beach, Florida,
as described above.
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY ATTORNEY ~
DATE
T:~AGENDA~003\OCT1503\REGULAR~CC@4221 AMENDMENT.RESOLUTION .DOC
2
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving a First Amendment to the Amended And Restated/Consolidated Lease Agreement
with Miami Beach Jewish Community Center, Inc. (JCC), for the City-Property at 4221 - 4229 Pine Tree
Drive, by extending the time period by 1 year, from November 8, 2003 to November 8, 2004, for the JCC to
make application to the City's Design Review Board, for the Design of the Proposed Improvements to the
Property; and further clarifyin~l the Commencement Date of said Lease A~]reement as November 8, 2000
Issue:
IShould the First Amendment to the JCC Lease Agreement be approved, extending the date for the JCC to
submit Plans to the DRB by 1 year, to November 8, 2004, and clarifying the Commencement Date of the
Lease as November 8, 2000?
Item Summary/Recommendation:
On June 3, 1981 the City first leased to the JCC the property at 4221 Pine Tree Drive. The Lease was
subsequently amended on several occasions, the last of which was on July 12, 2000, whereby the Mayor and
City Commission approved an Amended and Restated/Consolidated Lease Agreement extending the term
through 2099; providing for the JCC to invest a minimum of $2,000,000 in capital improvements on the
Premises, and providing that the JCC submit Plans for same to the City and make application to the City's
Design Review Board (DRB) for approval no later than November 8, 2003, subject to referendum
(subsequently approved by voters at a November 7, 2000, Special Election). The JCC is requesting that the
City extend the DRB application date by a one (1) year period, until November 8, 2004. The Administration
and the JCC have also agreed to clarify and memorialize the "Commencement Date" of the Lease as
November 8, 2000.
The Administration recommends that the Mayor and City Commission adopt the Resolution.
Advisory Board Recommendation:
J
Financial Information:
Source of Approv~
Funds:
Finance Dept.
City Clerk's Office Legislative Tracking:
I Jose Damien
Sic
T'~AGE N DA~003\oct 1503~regu ar~lCC@4221Amendment. Sum.do~
AGENDA ITEM
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.ci.miami-beach.fLus ~
COMMISSION MEMORANDUM
To: Mayor David Dermer and Date: October 15, 2003
Members of the City Commission
Jorge M. Gonzalez~~q'~.
City Manager
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE crrY
OF MIAMI BEACH, FLORIDA, APPROVING AN AMENDMENT TO THAT
CERTAIN AMENDED AND RESTATED/CONSOLIDATED LEASE
AGREEMENT BY AND BETWEEN THE CITY OF MIAMI BEACH AND THE
MIAMI BEACH JEWISH COMMUNITY CENTER, INC. (JCC), FOR A
PARCEL OF LAND AND FACILITIES LOCATED AT 4221 - 4229 PINE
TREE DRIVE, MIAMI BEACH, FLORIDA, AMENDING PARAGRAPH 15.5
OF SAID AGREEMENT, BY EXTENDING THE TIME PERIOD BY ONE (1)
YEAR, FROM NOVEMBER 8, 2003 TO NOVEMBER 8, 2004, FOR THE
JCC TO MAKE APPLICATION TO THE CITY'S DESIGN REVIEW BOARD,
AND SUBMIT PLANS FOR THE DESIGN OF THE PROPOSED
IMPROVEMENTS TO THE PROPERTY; AND FURTHER CLARIFYING THE
COMMENCEMENT DATE OF SAID AMENDED AND CONSOLIDATED
LEASE AGREEMENT AS NOVEMBER 8, 2000
From:
Subject:
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
On June 3, 1981 the City first leased to the Jewish Community Centers of South Florida,
Inc., City property at 4221 Pine Tree Drive, also known as lots 5, 6 and 7 of Flamingo Bay
Subdivision, as recorded in Plat Book 6 at Page 101 of the public records of Miami-Dade
County, Florida. (Resolution 81-16678). The lease was amended and extended on three
occasions, such that the lease term extended through to October 31, 2015, with two
additional ten-year options, and was assigned to Miami Beach Jewish Community Center,
Inc., a not-for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226).
On July 12, 2000, the Mayor and City Commission adopted Resolution No. 2000-23994
approving an Amended and Restated/Consolidated Lease Agreement, subject to
referendum (subsequently approved by voters at a November 7, 2000, Special Election),
which incorporated the following:
1. Term was extended for 99 years, to 2099.
2. Permitted uses would include recreational, cultural, educational, social service and
minor and incidental religious uses.
3. Provided for payment of fair market value and appraisal methodology for the area to be
used for religious services and use fees for expanded religious uses limited to a
maximum of 10 holidays per year.
4. Set forth construction parameters, specifically addressing review requirements
(including Design Review Board review and approval), construction commencement
and completion deadlines, and required a minimum initial investment of $2 million in
improvements for which a building permit must be issued within five (5) years from the
commencement of the Lease, subject to reasonable extensions.
5. Construction which was previously restricted to two (2) lots would be permitted on all
three (3) lots, in accordance with the concept plan.
6. In the event the required referendum failed, the lease would revert to the previously
existing lease term.
7. JCC agreed to indemnify, defend and hold the City harmless in the event of challenges
to the lease and referendum.
8. By separate agreement, the JCC agreed to hold harmless, indemnify and defend the
City from challenges related to the Lease and referendum, from the time of the
adoption of the subject resolutions, and reimburse the City for all costs associated with
the referendum.
In accordance with Section 15.5 of the Lease Agreement (see item 4 above), the JCC is
required to present the City with Preliminary Plans and Specifications (Plans), and make
application to the City's Design Review Board (DRB) for approval of same, no later than
November 8, 2003.
In a letter dated October 3, 2003 (attached hereto), attorney Jeffrey Bercow, on behalf of
the JCC, cites that after meeting with the City Commission's Neighborhood Committee, the
JCC leadership opted to withhold submittal of the Plans to the DRB in order to ensure
that they would have the financial resources to deliver the improvements depicted by said
Plans and respective specifications. The letter also reflects that the JCC has since met
with potential donors and begun the fundraising process, but would like to be confident that
the development plan it presents the City is financially feasible, and as such is seeking
additional time to present the City with the "Preliminary Plans and Specifications" and apply
for DRB approval as required under the Lease.
To that end, the JCC is formally requesting that the City consider amending the Lease
Agreement by modifying Section 15.5 thereof by extending, by a one (1) year period, the
date by which the JCC must apply for DRB approval. Said amendment would extend the
currently existing deadline for submission to the DRB, from November 8, 2003 to
November 8, 2004, thus allowing the JCC sufficient time to secure the necessary financial
backing to ensure that the proffered plan may be fully developed.
In his letter, Mr. Bercow also cites that the section of the Lease that defines the
"Commencement Date" was never completed, but went on to cite that the City Attorney's
Office has opined that said Commencement Date should be set as November 8, 2000 (the
day after the election that approved the Lease).
It is recommended that the Mayor and City Commission adopt the attached Resolution and
approve an amendment to the Amended and Restated/Consolidated Lease Agreement,
between the City and the JCC, extending time period by which the JCC is required to
submit plans to the DRB, by extending the current deadline of November 8, 2003, by a one
(1) year period, to November 8, 2004, and further clarifying the "Commencement Date" of
the Agreement, as November 8, 2000.
JMG:C~:~:JD:rlr
Attachments
T:~AGENDA~003\OCT1503\REGULAR~ICC@4221AMENDMENT.MEMO.DOC
BERCOW RADELL
ZONING, LAND USE AND ENVIRONMENTAL 1AW
DIRECT LINE: (305) 377-6220
E-Mail: JBercow@ BRZoningLaw.com
October 3, 2003
VIA HAND DELIVERY
Mr. Jorge Gonzalez
City Manager
City of Miami Beach
1700 Convention Center Drive, 2na Floor
Miami Beach, Florida 33139
Re: Amendment to City Lease for ~ewish Communi _ty Center Site.
Dear Jorge:
This law firm represents the Miami Beach Jewish Community Center (the
"JCC') in connection with its efforts to redevelop and expand the JCC's
recreational and cultural facilities on the City-owned property at 4221 Pine Tree
Drive. As you know, the City and the JCC executed an Amended and
Restated/Consolidated Lease (the "Lease") for the Pine Tree Drive parcel in July
of 2000. The Lease was entered into with the understanding that the JCC would
construct new improvements valued at no less than $2,000,000 on the property.
Paragraph 15.5 of the Lease requires the JCC to submit an application for
Design Review Board (DRB) approval for the design of the "Proposed
Improvements" within three years of the "Commencement Date" of the Lease.
Although the section of the Lease that would define the Commencement Date
was never completed, the City Attorney's Office has opined that the
Commencement Date should be set as November 8, 2000, the day after the
election that approved the Lease. Under the terms of Paragraph 15.5 of the
Lease, therefore, the JCC would have until November 8, 2003 to apply for DRB
approval of the design of the Proposed Improvements.
Mr. Jorge Gonzalez, City Manager
October 3, 2003
Page 2
The JCC delivered a set of "Preliminary Plans and Specifications" for your
review in January 2003. After meeting with the City Commission's
Neighborhood Committee, the JCC leadership chose to hold the plans prior
to submission for consideration by the full Commission because they needed to
ensure that they would have the financial resources to deliver the improvements
depicted by the Preliminary Plans and Specifications. Since that time, the JCC
has met with poteotial donors and begun the fundraising process. The
JCC wants to be confident that the development plan it presents the City is
financially feasible. As such, the leadership feels it needs additional time to
present the City with the "Preliminary Plans and Specifications" and apply for
DRB approval as required under the Lease.
Please let this letter serve as the JCC's formal request to modify Section
15.5 of the Lease in order to extend by one year the period in which the JCC must
apply for DRB approval of the Proposed Improvements. A date of November 8,
2004 would allow the JCC sufficient time to secure the necessary financial
backing to ensure that the proffered plan will be fully developed. While the JCC
is requesting this additional year to obtain DRB approval for the development
plans, it is not requesting a similar modification of the Lease's November 8, 2005
deadline for the commencement of construction at this time. Permitting the
requested modification to the Lease should not lead to a delay in the completion
of the improvements.
The JCC looks forward to continuing its long and mutually beneficial
relationship with the City of Miami Beach. Approving the requested
modification to the Lease would help ensure that the improvements that will be
made to the JCC property will be well suited to the community's present and
future needs. Once you have had a chance to review this letter and the
Amended Lease, please phone'"'my direct line at (305) 377-6220 to discuss the
issue.
Sincerely,
CC:
Jeffrey Bercow
Ms. Cristina Cuervo, Assistant City Manager
Mr. Jorge Gomez, Planning Director
Mr. Darin Diner
Mr. Stanley Arkin
Todd Tragash, A.I.A.
Graham Penn, Esq.
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
F L O R
I D A
Telephone: (305) 673-7470
Telecopy: (305) 673-7002
October 21, 2003
Mr. Dadn Diner
Miami Beach Jewish Community Center
4221 Pine Tree Drive
Miami Beach, Florida 33140
Re: First Amendment to The Amended and Restated/Consolidated Lease Between
The City of Miami Beach and Miami Beach Jewish Community Center, Inc.
Dear Darin:
Enclosed are three sets of the above referenced document. Please review same, have the
proper persons execute each on the last page, then return to the undersigned. We will
execute and return one to you.
Should you have any questions, please feel free to call me.
Thank you.
'~ First'7~ssistant City Attorney
Enclosures
F :xattoXSallXSheila\Letters. Mem'~Diner · Ltr
1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139
FIRST AMENDMENT TO
THE AMENDED AND RESTATED/CONSOLIDATED LEASE
BETWEEN THE CITY OF MIAMI BEACH
AND
MIAMI BEACH JEWISH COMMUNITY CENTER, INC.
This First Amendment to the Amended and Restated/Consolidated Lease
Agreement, dated July 12, 2000, by and between the City of Miami Beach, ("Lessor" or
"City"), and Miami Beach Jewish Community Center, Inc. ("Lessee" or "JCC"), for the
property located at 4221 Pine Tree Drive, Miami Beach, Florida (Property), is entered into
this 15th day of October, 2003.
WITNESSETH
WHEREAS, on June 3, 1981 the City first leased to the Jewish Community Centers
of South Florida, Inc. ("JCCSF"), the City-owned property located at 4221 Pine Tree Drive,
also known as lots 5, 6 and 7 of Flamingo Bay Subdivision, as recorded in Plat Book 6 at
Page 101 of the public records of Miami-Dade County, Florida ("Property") (Resolution 81-
16678); and
WHEREAS, JCCSF's lease was amended and extended on three occasions, such
that the lease term extended through October 31, 2015, with two additional ten-year
options, and was assigned to Miami Beach Jewish Community Center, Inc. ("JCC"), a not-
for-profit corporation (Resolutions 84-17863, 85-18280, and 88-19226); and
WHEREAS, on July 12, 2000, the Mayor and City Commission adopted Resolution
No. 2000-23994 approving an Amended and Restated/Consolidated Lease Agreement
("Lease") with the JCC for the Property, subject to referendum, which was duly held and
approved, which included provisions in Lease Paragraphs 15.4 and 15.5 that the JCC
present Preliminary Plans and Specifications to the City, and make application to the City's
Design Review Board ("DRB") for review and approval of same, no later than "three years
from the Commencement Date" of the Lease, which is November 8, 2003; and
WHEREAS, while the JCC timely submitted the Preliminary Plans and
Specifications as required, they were not accepted by the Administration, which cited
inconsistencies with the originally approved Concept Plan, the City Commission has not yet
reviewed and approved such plans, and the JCC has requested that the City allow it
additional time to work with the City on approving the Preliminary Plans and Specifications,
and consider extending the deadline, by one year, of its requirement to make application to
the DRB; and
WHEREAS, the City and JCC have agreed to continue working towards a mutually
acceptable set of Preliminary Plans and Specifications, and to extend the deadline for the
JCC to make application to the DRB, and amendments are provided for herein to
Paragraphs 15.4 and 15.5 for that purpose; and
Page 1
WHEREAS, the. original execution of the Lease omitted reference to the
Commencement Date and Maturity Date, which the Parties seek to clarify through this First
Amendment, in accordance with the City Attorney's opinion. The City Attorney has opined
that the effective date of the Lease was the day following the approval of the Lease by
referendum. Paragraph 3.1, the rent payment schedule, was also not filled in, and needs
to be clarified in accordance with a City Attorney's opinion establishing such dates.
NOW, THEREFORE, the City and the JCC have agreed to enter into this First
Amendment to the Amended and Restated/Consolidated Lease Agreement, and amend
such Lease as follows (underlined language is added, struck-through language is deleted):
1. Paragraph 2.1 is amended as follows:
2.1 The duration and term of this Lease shall be for a period of ninety-nine (99)
years, commencing on the 8th day of November, 2000 (the "Commencement Date") and
exp r ng on the 7t~,,,,, day of November, 2099. (the "Maturity Date").
2. Paragraph 3.1 is amended as follows:
3.1 The Lessee covenants and agrees to pay to the Lessor an annual rental of
Ten Dollars ($10.00), payable annually in advance, the first such annual payment being
due and payable on the 1st day of December, 2000, and on the 1st day of
December each and every year thereafter during the entire term of the Lease.
3. Paragraph 15.4 is amended as follows:
15.4 Lessee shall submit its Preliminary Plans and Specifications to Lessor's City
Manager for approval within three years of the Commencement Date. The City Manager
shall have twenty (20) Business Days to reviewthe Preliminary Plans and Specifications. If
the City Manager concludes that the Preliminary Plans and Specifications are materially
inconsistent with the Concept Plan, the City Manager shall, and in any event the City
Manager may, submit the Preliminary Plans and Specifications to the City Commission for
its review and approval as Lessor (acting in its proprietary capacity as owner of the
Property), 3* *~'" """+ r-.',., r-~,,~.;~.,.~ ..... *~"" at a City Commission meeting mutually
agreeable to Lessor and Lessee, which agreement shall not be unreasonably withheld,
along with a written report of the Administration's review and recommendations, including a
review and recommendation from the City's Planning Director. The City Commission may
refer the matter to the City's Planning Board for its review and recommendations before
acting thereon. If Lessor disapproves the Preliminary Plans and Specifications, then
Lessee shall, at its election, either (a) submit Lessor's disapproval to mediation as
provided in this Lease, as to the reasonableness of the disapproval, or (b) submit a revised
modification to the Preliminary Plans and Specifications to meet Lessor's objections, which
revised modification shall be submitted and reviewed as provided above. Failure of the
Lessee to seek mediation or submit revised Preliminary Plans and Specifications within
sixty days from the date of Lessor's disapproval, ~'''* ""
....................... ¥c~rc ..........
r- .......... , r~..,., shall constitute a Default under this Lease.
Page 2
4. Paragraph 15.5 is amended as follows:
15.5 Lessee shall, within two months of Lessor's approval of the Preliminary Plans
and Specifications, but no later than thr=c ...... ~...., ,~... r. .......... , n~,,. November
8, 2004, submit an application for approval of the design for the Proposed Improvements to
the City's Design Review Board and to other City boards, as applicable. Failure of the
Lessee to submit its application, as provided in this Section, to the DRB, by the date which
is two months from the receipt of Lessor's final approval as above provided shall constitute
a Default under this Lease. Lessee shall pursue approval of its applications to the City
boards, as applicable, diligently and in good faith.
5. Except as otherwise specifically amended herein, all other terms and conditions of
the Amended and Restated/Consolidated Lease Agreement, between the Lessor and
Lessee shall remain in full force and effect. In the event there is a conflict between the
provisions provided herein and the Amended and Restated/Consolidated Lease
Agreement, the provisions of this First Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
the Amended and Restated/Consolidated Lease Agr/~m,~nt to be executed by their duly
auth°rized officials °n the day first above indicat7 ///[/ /
c,?
Cl~ CLERK ~ MAYOR
Witnesses:
Print Name:
Print Na'-me:
MIAMI BEACH JEWISH COMMUNITY
CENTER, INC.
APPROVED AS TO
FORM & LANGUAGE
City Attorney ~
Date
JMG:CMO:GMH:JD:rlr
T:'~.G E N DA~2003~oct1503~regular~JCC@ 4221 Amendment. Lease.doc
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